Or. Admin. Code § 698-010-0120

Current through Register Vol. 63, No. 12, December 1, 2024

Section 698-010-0120 - Conservation Management Plan Mutual Modification

If funding is provided for conservation management plan implementation:

(1) Any changes to conservation management plans must achieve the same or greater level of benefits as the original plan, as evaluated by the criteria in OAR 698-010-0090.

(2) Conservation management plans must include provisions that provide for flexibility and allow for mutual modification as necessary to reflect changes in practices or circumstances.

(3) Any change in the conservation management plan must be mutually agreed to by both the agricultural landowner or operator and the conservation management plan holder.

(4) To ensure consistent review of all conservation management plans, the conservation management plan holder and the agricultural landowner or operator must review the conservation management plan at least annually and may mutually modify the conservation management plan if necessary.

(5) The agricultural landowner or operator must contact the conservation management plan holder immediately if any of the following changes occur that will impact either implementation of the conservation management plan or its expected outcomes:

(a) Changes in management or ownership of the property;

(b) Changes in the grazing or cropping system(s) not identified in the plan. For changes in grazing or cropping systems, the landowner must notify the conservation management plan holder in advance;

(c) A natural disaster occurs that will impact implementation of the conservation management plan; or

(d) Other changes that are outside the agricultural landowner's or operator's control.

(6) The conservation management plan holder must contact the agricultural landowner or operator if changes in site conditions significantly affect the expected outcomes of conservation management plan implementation.

(7) Modifications to the plan may include:

(a) The addition of new conservation practices, measures or benefits; or

(b) Changes to practices, measures, or benefits in response to:

(A) Changes in management approaches based on new scientific understanding of expected outcomes;

(B) Changes in management or ownership of the working land;

(C) Changes in the grazing or cropping system;

(D) A natural disaster; or

(E) Other changes outside the agricultural landowner's or operator's control.

Or. Admin. Code § 698-010-0120

OAHP 1-2019, adopt filed 01/28/2019, effective 2/1/2019

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989

Statutes/Other Implemented: ORS 541.977-541.989